Historical version for theperiod September 16, 2014 to February 2, 2015.

Last amendment: O. Reg. 180/14.

This is the English version of a bilingual regulation.

Exemptions

Exemption, minimum age

1. Subsection 65 (2) of the Act does not apply to an individual who applies to register an agreement under subsection 65 (1) of the Act and who,

(a) is enrolled in a secondary school program leading to an Ontario Secondary School Diploma; and

(b) is receiving training and work experience in a trade while participating in,

(i) the Ontario Youth Apprenticeship Program, or

(ii) a program that is similar to the Ontario Youth Apprenticeship Program, approved by the Minister and operated under the supervision of,

(A) a board as defined in subsection 1 (1) of the Education Act, or

(B) a band, council of a band or education authority authorized by the Crown in right of Canada to provide education to persons who are Indians within the meaning of the Indian Act (Canada). O. Reg. 421/12, s. 1.

Exemption, practice of compulsory trade

2. (1) Section 2 of the Act does not apply to the following individuals:

1. An individual who is receiving training and work experience in a compulsory trade while participating in,

i. the Ontario Youth Apprenticeship Program,

ii. a program that is similar to the Ontario Youth Apprenticeship Program, approved by the Minister and operated under the supervision of,

A. a board as defined in subsection 1 (1) of the Education Act, or

B. a band, council of a band or education authority authorized by the Crown in right of Canada to provide education to persons who are Indians within the meaning of the Indian Act (Canada), or

iii. a
pre-apprenticeship program approved by the Minister.

2. An individual who is permanently employed in an industrial plant, while performing work entirely within the plant and premises or on the land appertaining to them, except work performed in the maintenance and repair of motor vehicles, trailers or conversion units registered for use on a highway under the Highway Traffic Act.

3. An individual who holds a valid equivalent certificate of qualification issued by the Province of Quebec, or is registered as an apprentice in the Province of Quebec, in one of the following trades while engaging in the practice of the trade in Ontario:

Electrician — Construction and Maintenance.

Hoisting Engineer — Mobile Crane Operator 1.

Plumber.

Refrigeration and Air Conditioning Systems Mechanic.

Sheet Metal Worker.

Steamfitter.

4. An individual while removing or replacing wheels and rims on motor coaches, heavy trucks or truck-trailers, if the individual has successfully completed a course of study approved by the Minister on the removal and replacement of wheels and rims.

5. An individual who is the driver of a heavy truck or truck-trailer, while inspecting or adjusting the air chamber push rod stroke, commonly known as the slack adjustment, of the truck or truck-trailer’s air braking system if,

i. the driver holds a valid Ontario Class A or D driver’s licence with an air brake endorsement issued under the Highway Traffic Act and has successfully completed a course of study approved by the Minister on the inspection and adjustment of the air chamber push rod stroke of an air braking system, or

ii. the driver holds a valid driver’s licence issued by another province or territory of Canada or by a state of the United States of America and is authorized, in that province, territory or state, to inspect and adjust the air braking system’s air chamber push rod stroke.

6. An individual, while installing, removing, maintaining and testing water meters that have an inlet and outlet of 25 millimetres or less, if the individual has successfully completed a training program approved by the Minister on the installation, removal, maintenance and testing of water meters. O. Reg. 421/12, s. 2 (1); O. Reg. 130/13, s. 1 (1-3).

(2) Section 4 of the Act and paragraph 5 of section 13 of Ontario Regulation 321/12 (Classes of Members and Registration) made under the Act do not apply in respect of a person while the person is employing or otherwise engaging an individual to perform work or engage in a practice that constitutes engaging in the practice of a compulsory trade, if section 2 of the Act does not apply to the individual when he or she performs the work. O. Reg. 130/13, s. 1 (4).

Exemption, fees, Part V of the Act, etc.

3. (1) Clause 37 (2) (c), Part V and section 68 of the Act do not apply to an individual who is an apprentice in a trade receiving training and work experience in the trade while participating in,

(a) the Ontario Youth Apprenticeship Program;

(b) a program that is similar to the Ontario Youth Apprenticeship Program, approved by the Minister and operated under the supervision of,

(i) a board as defined in subsection 1 (1) of the Education Act, or

(ii) a band, council of a band or education authority authorized by the Crown in right of Canada to provide education to persons who are Indians within the meaning of the Indian Act (Canada); or

(3) An apprentice to whom subsection (1) applies shall not be included in a journeyperson to apprentice ratio for a trade, if a ratio is established or is deemed to be established under the Act for the trade. O. Reg. 130/13, s. 2 (2).

(4) Section 8 of the Act does not apply to a sponsor of apprentices who permits an apprentice to work, if subsection (1) applies to the apprentice. O. Reg. 130/13, s. 2 (2).

(5) Paragraphs 1 and 2 of section 13 of Ontario Regulation 321/12 (Classes of Members and Registration) made under the Act do not apply to the class of persons who employ journeypersons or who sponsor or employ apprentices with respect to apprentices to whom subsection (1) applies. O. Reg. 130/13, s. 2 (2).

Exemption, barbers

3.1 An individual who, on March 26, 2013, held a valid certificate of qualification in the trade of barber under the Apprenticeship and Certification Act, 1998 is exempt from the payment of fees under clause 37 (1) (c) and subsection 89 (3) of the Act with respect to an application for a certificate of qualification in the trade of hairstylist until the earlier of,

(a) the trade of barber is prescribed as a trade; and

(b) April 8, 2015. O. Reg. 130/13, s. 3.

Exemption, voluntary certificates of qualification

3.2 (1) An individual who held a certificate of qualification in a voluntary trade under the Trades Qualification and Apprenticeship Act or the Apprenticeship and Certification Act, 1998 that was valid immediately before section 37 of the Act came into force is exempt from subsection 89 (2) of the Act. O. Reg. 130/13, s. 3.

(2) An individual to whom subsection (1) applies is exempt from the requirement set out in subsection 89 (3) of the Act to file his or her application for a certificate of qualification and to pay the fees before the expiry of the period referred to in subsection 89 (2) of the Act, but such an individual is entitled to a certificate of qualification in his or her trade issued by the College upon filing an application with the registrar and upon paying the fees required by the by-laws of the College. O. Reg. 130/13, s. 3.

(3) The following provisions of the Act and regulations do not apply to an individual to whom subsection (1) applies with respect to the voluntary trade for which the individual holds a certificate of qualification under the Trades Qualification and Apprenticeship Actor the Apprenticeship and Certification Act, 1998 unless the College issues him or her a certificate of qualification for the trade under the Act after the individual has applied for one and paid the required fee:

1. Subsection 28 (1) of the Act.

2. Subsection 37 (10) of the Act.

3. Clauses 53 (1) (c) and (d) of the Act.

4. A regulation made under paragraph 3 of subsection 72 (1) of the Act. O. Reg. 130/13, s. 3.

(4) A deemed certificate of qualification in a trade to which subsection (1) and subsection 89 (1) of the Act apply ceases to have effect if,

(a) the individual who holds the certificate is issued a certificate of qualification in the trade under the Act by the College after the individual has applied for one and paid the required fee; or

(b) the trade is reclassified as a compulsory trade under the Act. O. Reg. 130/13, s. 3.

Transition

Deemed certificates of qualification, general

4. For the purposes of subsection 89 (2) of the Act, a deemed certificate of qualification to which subsection 89 (1) of the Act applies and that has an expiry date, ceases to have effect with respect to adeemedcertificate of qualification issued to a journeyperson under the Trades Qualification and Apprenticeship Act or the Apprenticeship and Certification Act, 1998 on the later of,

(a) the month and day of the expiry date listed on the certificate that first occurs after section 37 of the Act comes into force, regardless of the year of expiry: and

(b) 60 days after the day section 37 of the Act comes into force. O. Reg. 130/13, s. 4.

5. (1) A provisional certificate of qualification issued to an individual under the Trades Qualification and Apprenticeship Act that is valid immediately before the day section 37 of the Act comes into force is deemed to be a provisional certificate of qualification issued under the Act to the individual in the trade for which the certificate was issued. O. Reg. 421/12, s. 5 (1).

(2) A deemed provisional certificate of qualification to which subsection (1) applies ceases to have effect on the expiry date listed on the provisional certificate of qualification issued under the Trades Qualification and Apprenticeship Act. O. Reg. 421/12, s. 5 (2).

Deemed certificates of qualification, letters of permission

6. (1) A letter of permission that is issued to an individual under the Apprenticeship and Certification Act, 1998 that is valid immediately before the day section 37 of the Act comes into force is deemed to be,

(a) a
statement of membership in the journeyperson candidates class issued under the Act to the individual in the trade for which the letter of permission was issued, if the individual has a certificate of apprenticeship in the trade issued under the Apprenticeship and Certification Act, 1998; or

(b) a provisional certificate of qualification issued under the Act to the individual in the trade for which the letter of permission was issued, if the individual does not have a certificate of apprenticeship in the trade issued under the Apprenticeship and Certification Act, 1998. O. Reg. 421/12, s. 6 (1).

(2) A deemed statement of membership to which clause (1) (a) applies ceases to have effect on the day that is the first anniversary of the coming into force of section 37 of the Act. O. Reg. 421/12, s. 6 (2).

(3) A deemed provisional certificate of qualification to which clause (1) (b) applies ceases to have effect on the expiry date listed on the letter of permission issued under the Apprenticeship and Certification Act, 1998. O. Reg. 421/12, s. 6 (3).

Deemed statements of membership

7. (1) A certificate of apprenticeship that is issued in a compulsory trade on the day that section 37 of the Act comes into force is deemed also to be a statement of membership in the journeyperson candidates class in the trade for which the certificate was issued, if the trade is governed by the Trades Qualification and Apprenticeship Act immediately before the day section 37 of the Act comes into force. O. Reg. 421/12, s. 7 (1).

(2) A deemed statement of membership to which subsection (1) applies ceases to have effect on the day that is the first anniversary of the coming into force of section 37 of the Act. O. Reg. 421/12, s. 7 (2).

Deemed registered training agreement

7.1 (1) If an apprentice named in a deemed registered training agreement to which subsection 90 (1) of the Act applies does not obtain, before September 20, 2014, a statement of membership as an apprentice in the relevant trade issued by the College, the apprentice’s registered training agreement is suspended on that day. O. Reg. 180/14, s. 1.

(2) The suspension of a registered training agreement under subsection (1) continues until either the apprentice obtains a statement of membership as an apprentice in the relevant trade issued by the College or the registered training agreement is cancelled pursuant to subsection (3). O. Reg. 180/14, s. 1.

(3) If an apprentice whose registered training agreement has been suspended under subsection (1) does not obtain a statement of membership as an apprentice in the relevant trade issued by the College before January 1, 2015, the apprentice’s registered training agreement is cancelled on that day. O. Reg. 180/14, s. 1.

Transition, cancellation of statement of membership

8. (1) Despite clause 65 (4) (a) of the Act, a registered training agreement is cancelled on the day that is 90 days after the date of registration if the individual does not hold a statement of membership as an apprentice in the trade to which the registered training agreement relates on that day. O. Reg. 421/12, s. 8 (1).

(2) Subsection (1) does not apply to training agreements that are registered on and after April 8, 2015. O. Reg. 421/12, s. 8 (2); O. Reg. 70/14, s. 1.

Transition, transfer of revenue

9. (1) The Minister may transfer accrued revenue received from journeypersons on account of the fees for the renewal of certificates of qualification under the Apprenticeship and Certification Act, 1998 and the Trades Qualification and Apprenticeship Act to the College. O. Reg. 421/12, s. 9 (1).

(2) The College shall apply the revenue received from the Minister to the fees for certificates of qualification of the journeypersons from whom the fees for the renewal of certificates were received. O. Reg. 421/12, s. 9 (2).

(3) In transferring accrued revenue under subsection (1), the Minister may prorate the revenue so that the prorated amount transferred to the College reflects, in the Minister’s view, the relationship between,

(a) the period to which the renewal of the certificate of qualification applies before the day section 37 of the Act comes into force; and

(b) the period to which the renewal of the certificate of qualification applies on and after the day section 37 of the Act comes into force. O. Reg. 421/12, s. 9 (3).

Transition, name of trade

10. (1) For the purposes of the Act, the trade under the Apprenticeship and Certification Act, 1998 or the Trades Qualification and Apprenticeship Act that is listed in Column 1 of Schedule 1 to this Regulation is deemed to be the trade under the Act listed opposite to it in Column 2 of the Schedule. O. Reg. 421/12, s. 10 (1).

(2) For the purposes of sections 4, 5, 6 and 7 of this Regulation and sections 89 and 90 of the Act, the Registrar may deem a trade named in a certificate of qualification, provisional certificate of qualification, certificate of apprenticeship or letter of permission issued under the Apprenticeship and Certification Act, 1998 or the Trades Qualification and Apprenticeship Act to be a trade prescribed under the Act. O. Reg. 421/12, s. 10 (2).

11.Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 421/12, s. 11.

Schedule 1

Column 1

Column 2

Trade or trade branch name under the Apprenticeship and Certification Act, 1998 or the Trades Qualification and Apprenticeship Act

Trade name under the Ontario College of Trades and Apprenticeship Act, 2009